A vulnerability has been discovered in Apache Struts, which could allow for remote code execution. Apache Struts is an open source framework used for building Java web applications. Successful exploitation of this vulnerability could allow for remote code execution. Depending on the privileges associated with the user, an attacker could then install programs; view; change, or delete data; or create new accounts with full user rights. Users whose accounts are configured to have fewer user rights on the system could be less impacted than those who operate with administrative user rights.
A vulnerability has been discovered in Apache Struts, which could allow for remote code execution. This vulnerability exists due to some of the tag attributes performing a double evaluation if a developer applied forced OGNL evaluation by using the %{...} syntax. Using forced OGNL evaluation on untrusted user input can lead to remote code execution and security degradation. Successful exploitation of the most severe of this vulnerability could allow an attacker to execute arbitrary code in the context of the browser. Depending on the privileges associated with the application, an attacker could view, change, or delete data. If this application has been configured to have fewer user rights on the system, exploitation of the most severe of this vulnerability could have less impact than if it was configured with administrative rights.
Download Could Have Been Me By The Struts
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I have a 2002 Dodge Intrepid had both front struts replaced along with swing bar in Jan 29 /15
Driving along the expressway at 65 mph and the driver strut failed leaving me with no steering at all. The car fishtailed twice and ended up in the ditch just missing steel i beams for the guard rail . Could have been a lot worse but walked away. Is it the fault of the garage or the strut??
I guess some people would look at it like overnight success -- well, it's not success yet -- but we're on our way. But I think people should bear in mind it's been six years since me and Adam (Slack, the band's guitarist) got together and started writing, and four years since the current lineup has been together. We've relentlessly toured the U.K. and Europe. It's great that it's starting to happen in The States, but it doesn't seem to be that fast to me. We want to be bigger and have more of it. I think never being satisfied is a good quality to have.
I don't really think that's an issue. We've played small stages before. And maxi stages and medium-sized ones, all up and down the U.K. We're experienced enough now to just wing it, so to speak, and let the music do the talking. We can't wait to do it. Though I have been taking a bit of a look at the budget to see if we can add some confetti cannons or indoor fireworks. You've got to be creative.
Yeah, it's funny, people keep asking us: "Are you bringing rock back? ... Are you trying to save rock and roll?" I guess in terms of how we set out to achieve what we've done, the answer is no. All we wanted to do is play the music we love, playing within a sound that really inspires us. Just doing that. To have people say what they've been saying about us is really just a plus.
The parties in this action have agreed to most of the facts discussed below concerning the functioning of a BSCC valve, the medical consequences of an outlet strut fracture or single leg separation, and the admissibility of Ms. Wright's medical records. Unless otherwise noted, the facts discussed below have been stipulated to by the parties.
The crux of the plaintiffs' claims is that, due to the defendant's breach of contract and/or breach of duty in tort, they were unable to recover benefits under the Bowling-Pfizer settlement agreement. (See Complaint,Ā 4-10). Specifically, in the event that the missing valve would have revealed an outlet strut fracture, Ms. Wright would have been entitled to $500,000, medical expenses, and lost wages; Mr. Wright would have been entitled to $100,000. In the event that the missing valve would have revealed a single leg separation, Ms. Wright would have been entitled to receive: payment for the expenses of
Causation-in-fact is generally a prerequisite to recovery in both contract, Fowler v. Campbell, 612 N.E.2d 596, 601 (Ind.Ct.App.1993); Farnsworth, Farnsworth on ContractsĀ 12.1, at 148 (1990), and tort, Mullin v. Municipal City of South Bend, 639 N.E.2d 278, 283 (Ind. 1994); Daub v. Daub, 629 N.E.2d 873, 877 (Ind.Ct.App.1994). "This element requires, at a minimum, causation in fact that is, that the harm would not have occurred `but for' the defendants' conduct." Daub at 877. To defeat a motion for summary judgment, the plaintiff must present evidence of probative value based on facts, or inferences to be drawn from the facts, from which a reasonable juror could conclude that, more likely than not, the defendant's wrongful act was a cause in fact of his injury. See id. According to these principles, the issue before the court is whether there is a genuine issue of material fact as to if it is probably more true than not true that Ms. Wright's BSCC valve had sustained an outlet strut fracture or a single leg separation. The plaintiffs, however, urge application of two exceptions to the general principles that guide the court's summary judgment analysis. First, they contend that the issue should be "whether Mr. and Ms. Wright would have had the opportunity to ... *800 obtain fracture and explanation benefits under the Bowling-Pfizer settlement agreement...." Second, the Wrights argue that as to this issue, St. Mary's bears the burden of proof because St. Mary's lost the valve. Both issues will be discussed below.
The plaintiffs' argument also suggests application of an exception to the general rule that the plaintiff prove their damages with a reasonable degree of certainty. Indiana law requires that damages be relatively certain, but does not require any specific degree of certainty. Turbines, Inc. v. Thompson, 684 N.E.2d 254, 258 (Ind.Ct.App.1997). Under this rule, the plaintiff may not recover damages where he cannot establish a reasonable basis in the evidence to support a damage award. Id. Damage awards may not be based upon speculation or conjecture. Id. Due to the occasional harshness of this rule, some courts have carved out an exception to the rule such that "[w]here the defendant's wrong has caused the difficulty of proof of damage, he cannot complain of the resulting uncertainty." C. McCormick, DamagesĀ 27, at 101 (1935). See also, e.g., Smith v. Superior Court, 151 Cal. App. 3d 491, 198 Cal. Rptr. 829 (1984). In such cases, if the difficulty in establishing damages is caused by the defendant, he should bear the risk of uncertainty that his own wrong created. Smith at 503, 198 Cal. Rptr. 829. Though neither party has submitted any Indiana authority on this point, at least one Indiana court has applied the rule, see Lake County Title Co. v. Root Enterprises, Inc., 167 Ind.App. 559, 339 N.E.2d 103, 112 n.6 (1975), rev'd on other grounds (refusing to consider defendant's contention of failure of proof of contract prices where the difficulty of proof was caused by defendant's breach of contract, and citing McCormick,Ā 27, supra), and the court cannot find any authority suggesting that the rule has been rejected in Indiana.
In this case, the defendant's wrongful act caused the difficulty of proof as to whether plaintiffs would have recovered under the settlement agreement "but for" the wrong: if the valve were not lost, the plaintiffs would be able to prove with certainty exactly what their damages (if any) were. The defendant's wrongful act should not be allowed to create a windfall for the defendant by providing the very means by which the defendant can escape liability due to the plaintiffs' resulting failure of proof. But even if Indiana could be said to have adopted an exception to the certainty rule based upon one footnote in a case from 1975, the exception does not relieve the Wrights from proving the element of causation in their prima facie case of negligence and breach of contract. Questions involving certainty of damages go to the quantum of damages, not to the element of proximate cause. In this case, there is uncertainty as to whether the plaintiffs have suffered any damage as a *801 result of St. Mary's wrongful act. Therefore, the plaintiffs must still carry the burden of proof on the element of causation as part of their prima facie case of negligence.
Recovering damages for loss of a chance began in actions for breach of contract, *802 where a plaintiff could not prove damages with certainty but could prove that he lost the opportunity to participate in some event, such as a contest, about which the outcome was uncertain, but which might have resulted in the plaintiff's financial benefit. More recently, the "loss of a chance" doctrine has reappeared in tort cases medical malpractice cases where it was probable that the plaintiff would have died even absent a
Given that the Indiana Supreme Court rejected the lost chance doctrine in *803 the medical malpractice setting, it is unlikely that they would recognize it in the case before us. First, the court's conclusion in Mayhue that "[a]ccepting theĀ 323 approach does not require a separate loss of chance doctrine" indicates a reluctance to carve out a new doctrine of recovery for plaintiffs in this area. Id. Secondly, recognition of a loss of chance doctrine is more compelling where the law is compensating the loss of a chance at life, rather than the loss of a chance at, as here, some purely economic gain. See, e.g., James v. U.S., 483 F. Supp. 581, 587 (N.D.Cal.1980) ("No matter how small that chance may have been ... no one can say that the chance of prolonging one's life ... is valueless."); Daugert v. Pappas, 104 Wash. 2d 254, 704 P.2d 600 (1985) (rejecting loss of a chance in legal malpractice case on grounds that while the loss of chance to recover from misdiagnosis of cancer resulted in a very real injury with definite value which would require compensation, there is no commensurate harm, no lost chance, in a legal malpractice case as the matter may eventually be reviewed). ff782bc1db
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